Case law

Little v. United States

124 Fed. Cl. 256 · United States Court of Federal Claims · Nov 23, 2015

In their sur-reply, plaintiffs put forth new and additional reasons on which they base their request for relief, which either were not clearly asserted previously or were entirely absent in their original complaint or amended … As interpreted by the United States Supreme Court, the Tucker Act waives sovereign immunity to allow jurisdiction over claims against the United States (1) founded on an express or implied contract with the United States,

Shell USA, Inc. v. United States

United States Court of Federal Claims · Apr 26, 2023

Cl. 645, 659-60 (2015) (holding immunity was waived by a provision establishing “[a] late charge of five percent (5%) of any payment not paid when due . . . plus a service charge of [1.5%] per month . . . shall be made on … First, the avgas contracts contain an express waiver of immunity for CERCLA charges, and CERCLA establishes that interest is recoverable as a charge.

Dms Imaging, Inc. v. United States

123 Fed. Cl. 645 · United States Court of Federal Claims · Oct 27, 2015

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v. … The frustration of purpose doctrine is clearly inapplicable here.

Astor v. United States

79 Fed. Cl. 303 · United States Court of Federal Claims · Nov 13, 2007

Namely, Defendant cannot show that (1) Plaintiffs qualify as “teachers” engaged in the “imparting of knowledge,” or (2) FLETC qualifies as *306 an “educational establishment.” … FLETC Does Not Qualify as an “Educational Establishment” under OPM’s FLSA Regulations.

Charette v. Secretary of the Department of Health & Human Services

33 Fed. Cl. 488 · United States Court of Federal Claims · May 10, 1995

Second, petitioner cited a provision indicating that the National Vaccine Act was established “to achieve optimal prevention of human infectious diseases through immunization.” 42 U.S.C. § 300aa-1. … State immunization laws require children to be vaccinated.

Moberly v. Secretary of Health & Human Services

85 Fed. Cl. 571 · United States Court of Federal Claims · Jan 15, 2009

To this end, the authors established criteria or qualifying conditions for “case” children, which included convulsions lasting “more than about” half an hour. … While the Federal Circuit has clearly held that “identification and proof of specific biological mechanisms” are not required to establish causation, see Knudsen, 35 F.3d at 549 , and that “a sequence hitherto unproven in

Holihan v. Secretary of Health & Human Services

45 Fed. Cl. 201 · United States Court of Federal Claims · Oct 14, 1999

He characterizes these sections as the qualifying criteria, entitlement, and the calculation formula. … ”, such that the full amount would automatically be awarded upon the establishment of an impairment under the terms of the Act.

Estate of Arrowood v. Secretary of the Department of Health & Human Services

28 Fed. Cl. 453 · United States Court of Federal Claims · May 6, 1993

Standards were established for conduct of proceedings on a petition. Section 12(d)(3)(B). … Clearly, the special master appropriately applied the correct burden of proof in this case after weighing all the evidence including the testimony of the witnesses, and Exhibit 2, which clearly documents the administration

Flores v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 30, 2021

For example, program case law has clearly established that many common vaccine-related treatments that have resulted in inpatient hospitalization by themselves do not qualify for compensation under the surgical intervention … immunity. (Resp’t’s Mot. at 12).

Frost v. United States

115 Fed. Cl. 252 · United States Court of Federal Claims · Mar 25, 2014

It is firmly established that the United States is immune from suit unless it has specifically waived sovereign immunity. See, e.g., United States v. Testan, 424 U.S. 392, 399 (1976); United States v. … In sum, a waiver of sovereign immunity must be “unequivocally expressed,” INS v. St.

Qantas Airways Ltd. v. United States

30 Fed. Cl. 851 · United States Court of Federal Claims · Mar 28, 1994

The Government concedes that Qantas met the established criteria for a controlled entity of a foreign sovereign. … immunity.

Fields v. United States

39 Cont. Cas. Fed. 76,580 · United States Court of Federal Claims · Sep 30, 1993

United States, 26 Cl.Ct. 248, 250 (1992), Judge Nettesheim stated that: The purpose of the EAJA is to lift the “bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute.” … affidavit is clearly insufficient); United States v.

Gray v. United States

69 Fed. Cl. 95 · United States Court of Federal Claims · Dec 6, 2005

Gray, as the plaintiff, has the burden of establishing the court’s subject-matter jurisdiction over her claims. See McNutt v. … However, “[i]n light of [the Court’s] established practice of construing waivers of sovereign immunity narrowly in favor of the sovereign,” the Court held that the Federal Government had not waived its immunity against monetary

Waleryszak v. Secretary of the Department Health & Human Services

45 Fed. Cl. 573 · United States Court of Federal Claims · Sep 15, 1999

Petitioners have since conceded that no Table Injury may be established. See discussion infra Part III of Discussion. … The record clearly shows that Dr. Sladky has a well established record of diagnosing neurological diseases, has written numerous medical literature on the subject matter, and is a board certified pediatric neurologist.

Athey v. United States

123 Fed. Cl. 42 · United States Court of Federal Claims · Aug 31, 2015

“Pay, Allowances, or Differentials” Even if plaintiffs qualify as “employee[s]” who suffered an “unjustified or unwarranted personnel action,” they can only recover under the Back Pay Act if they also establish that … Under well-established principles of sovereign immunity, waivers of sovereign immunity cannot be implied, and ambiguities must be construed in favor of the United States.

Contreras v. United States

64 Fed. Cl. 583 · United States Court of Federal Claims · Mar 31, 2005

And finally, they claim that once Customs established an FLPA program under section 4523, its discretion to refuse to award FLPAs to otherwise qualified law enforcement officers ceased. See Pis.’ Corr. … Plaintiffs, however, also argue, citing Fisher I, that White Mountain Apache “established] a new test for determining whether a statute is money-mandating,” and that “[t]he new test clearly lowers the threshold fo[r] establishing

Ezenia!, Inc. v. United States

80 Fed. Cl. 60 · United States Court of Federal Claims · Jan 4, 2008

It is clear to the Court that even though Ezenia states clearly that it *62 is not challenging the Army’s decision to standardize, that is exactly what Ezenia is challenging. … Ezenia is a qualified vendor on the FSS. However, Ezenia does not sell the Adobe Breeze product.

Minehan v. United States

75 Fed. Cl. 249 · United States Court of Federal Claims · Jan 26, 2007

Plaintiffs effort to establish an exception to the writing requirement as a result of that phraseology is, however, untenable. … The Supreme Court has stated clearly that no such tolling is permitted.

Depena v. Secretary of Health and Human Services

133 Fed. Cl. 535 · United States Court of Federal Claims · Aug 9, 2017

Immunologists generally divide the immune system into two branches: the innate immune system and the adaptive immune system. Innate Immune System. … The special master qualified Dr. Lokshin as an expert in pediatric pulmonology and declared that Dr.

Jicarilla Apache Nation v. United States

60 Fed. Cl. 611 · United States Court of Federal Claims · Apr 19, 2004

With exceptions not herein relevant, see, e.g., 13 U.S.C. § 9 (a) (2000) (certain census reports "shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted … By comparison, many other well-established privileges may be overcome by a showing of strong need. See, e.g., Zenith Radio Corp. v.